SELECTED CASE LAW
In 2011 NSCA 91, Mr. L appealed a dismissal to withdraw his guilty plea for sexually assaulting his 8-year-old son.
He had an interpreter with him when he pleaded guilty, but later argued that due to his poor comprehension of the English language he had not understood what he was doing when he pleaded guilty. He claimed he was only instructing his son to genital hygiene and not assaulting him.
His appeal was dismissed.
Mr. L was charged with sexual assault and sexually touching a child. Mr. L was watching pornography one evening while his wife was at work. His child woke up and went to get a drink. Mr. L had his son sit on his lap and watch pornography, while he masturbated and touched his son’s penis at the same time. His son was reluctant but complied to take his pants off after his father threatened to hit him if he did not.
At trial he pleaded guilty to sexual assault and the sentencing was adjourned to prepare a pre-sentence report. A year later, Mr. L got new counsel and tried to withdraw his guilty plea. The court did not find his explanations to be credible or that he had not understood what he was doing when he entered into his guilty plea. A second appeal of this decision was also dismissed.
Also see: 2011 NSPC 8 (Application to set aside guilty plea).
Criminal Offence(s): Sexual Assault